Wingo v. Blackburn’s Empirical Analysis
783 F.2d 1046 · 1986
Citation profile
27 federal appellate · 7 state decisions
How this case has been cited
Cited by 43 later decisions (1 by the Supreme Court) — most recently March 2002 · most notably 168 Ill. 2d 509 - People v. Coleman (1995), 533 So. 2d 1078 - Nixon v. State (1987)
27 federal appellate · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Jackson v. Virginia · Witherspoon v. Illinois · Swain v. State of Alabama · Mullaney v. Wilbur
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“we fail to see why aggravating circumstances narrow the sentencing discretion any less by being made a constituent element of the crime.”
2 later decisions quote this exact passage · from the majority“Ladies and Gentlemen, you now must determine whether the defendant should be sentenced to death or to life imprisonment without the benefit of probation, parole or suspension of sentence. You must consider the circumstances of the offense and the character and propensity of the defendant in determining the sentence to be imposed. at # ^ »)< # # You are required to consider the existence of aggravating and mitigating circumstances in deciding which sentence should be imposed. * # # * * a* Before you decide that a sentence of death should be imposed, you must unanimously find beyond a reasonable doubt that at least one statutory aggravating circumstance exists. If you find beyond a reasonable doubt that any of the statutory aggravating circumstances existed you may consider imposing the sentence of death. ****** Even if you find the existence of an alleged aggravating circumstance, you must also consider any mitigating circumstances before you decide that a sentence of death should be imposed. The law specifically provides certain mitigating circumstances, and they are: ... the offense was committed while the offender was under the influence or under the domination of another person. * * * * * .* However, in addition to those specifically provided mitigating circumstances, you may also consider any other relevant mitigating circumstances. You are not limited only to those mitigating circumstances which are defined. You may consider any other relevant circumstances which you ”
1 later decision quote this exact passage · from the majoritye.g. Glass v. Butler“could have concluded beyond a reasonable doubt that defendant actively participated in the killing of the victims (whose deaths were obviously purposefully inflicted),”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.